Solano County prosecutors to seek death penalty in slaying of Vallejo police officer James Capoot

The Solano County District Attorney's Office announced today that it will seek the death penalty against Henry a. Smith, 39, the man charged with the 2011 bank robbery and slaying of Vallejo Police Officer James Capoot.

The announcement came as Smith was in court for further arraignment in the case. He pleaded not guilty and was ordered back to Solano County Superior Court at 8:30 a.m. on May 10 for setting of jury trial date.

In a preliminary hearing last November, prosecutors presented witnesses who testified that a masked man robbed a Bank of America branch on Springs Road in Vallejo on Nov. 17, 2011.

According to testimony, Capoot , a 45-year-old Vacaville resident, engaged in a high-speed pursuit of the suspect, later identified by police as Smith, which ended with a foot pursuit in a North Vallejo neighborhood.

Vallejo police Officer Mathew Meredith testified that he entered a back yard in the 100 block of Janice Street where Capoot was found laying on the ground in the open area of the yard.

In performing the autopsy, a forensic pathologist testified that she documented a bullet entry wound to Capoot 's lower back, which exited his chest. A second abrasion was noted to his shoulder area and experts testified that a bullet was lodged inside the vest in that area.

A bullet had also struck Capoot 's gun, which was still holstered, according to testimony.

Smith was later apprehended down the street from where the fatal shooting occurred. Officers recovered a .40-caliber Glock semi-automatic handgun in Smith's left front pocket.

Shell casings found in the back yard of the home where Capoot was slain were identified back to the gun found on Smith, a firearms expert testified.

He remains in Solano County Jail custody without bail.

For more detail, see Saturday's print and online editions of The Reporter.